USPTO Patents Application 09870801

Application No.: 09/870,801 PATENT
Final Notice of Related Litigation Customer No. 22,852

Attorney Docket No. 7451.0001-18
Intertrust Ref. No. IT-5.2.1.1 US

On February 23, 2004, Microsoft also filed a Notice of Motion, Motion and
Memorandum in Support of it's Motion for Partial Summary Judgment of Invalidity of the
Asserted Claims of the '181 Patent (Anticipation). See Tab 2.

The parties subsequently settled and, on May 5, 2004, filed a Joint Stipulation of
Dismissal with Prejudice. See Tab 3.

Tab 4 is a copy of the press release announcing the settlement and indicating
that Microsoft has taken a comprehensive license to InterTrust's patent portfolio for a
one-time payment of $440 million.

Remarks

Applicants encourage the Examiner to carefully review the attached documents,
and let Applicants know if any additional information is desired.

With this Notice, Applicants have provided copies of some of the exhibits referred
to in the provided papers. However, due to the large quantity of documents referenced
by these papers, all attachments and exhibits have not been provided. For example,
the exhibits to the motions provided at Tabs 1 and 2 are not provided because they
have inconsequential, if any, relation to the patentability of the instant claims. These
exhibits are not necessary to understand the motion, and are not relevant to the Office's
review (e.g., they are directed to issues specific to the '900 patent, they pertain to
Microsoft's products, they contain Microsoft's Attorneys-Eyes-Only information that we
cannot disclose, etc.).

As always, if the Examiner believes that any document referred to in these
papers and not yet submitted may be helpful in resolving an issue before him and would

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Application No.: 09/870,801
Final Notice of Related Litigation

PATENT
Customer No. 22,852
Attorney Docket No. 7451.0001-18
Intertrust Ref. No. IT-5.2.1.1 US

like to review that or any other document, Applicants invite the Examiner to contact the
undersigned at (650) 849-6643 so we may provide such document.

Applicants submit this Final Notice Regarding Related Litigation in fulfillment of
their duty to disclose information potentially material to patentability under 37 C.F.R.
1 .56. This submission does not constitute an admission that any of the listed
documents are material or constitute "prior art."

If there are any fees due with the filing of this Notice which have not yet been
paid, please charge the fees to our Deposit Account No. 06-0916.

Finnegan Henderson Farabow

Garrett & Dunner L.L.P.
1300 I Street, NW
Washington, D.C. 20005
(202) 408-4000

Respectfully submitted,

FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, L.L.P.

Dated: October 21, 2004

Andrew B. Schwaab
Reg. No. 38,61 1

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